The Board has remanded the cases for further development and medical opinions regarding the Veteran's claims of service connection for hypertension, stroke, brain tumor (meningioma), bilateral leg muscle weakness, and dizziness. The appeals are related to presumed exposure to herbicide agents in Vietnam.
The deciding factor: The current list of diseases subject to presumptive service connection under 38 C.F.R. § 3.309(e) does not include the conditions at issue (hypertension, stroke, brain tumor, bilateral leg muscle weakness, and dizziness). However, as noted above, the unavailability of presumptive service connection for a disability based on exposure to herbicide agents does not preclude a Veteran from establishing service connection with proof of direct causation or on any other recognized basis.
- Claimed conditions
- hypertension, stroke, brain tumor (meningioma), bilateral leg muscle weakness (peripheral neuropathy), dizziness
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 16, 2021
- Citation
- 21074718
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21074718.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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